PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 27th day of September 2012
Filed on : 29/05/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 322/2012
Between
Kumaran T.G., : Complainant
Chullichira house, (party-in-person)
Ambalamugal P.O.- 682 302.
And
1. The Managing Director , : Opposite parties
M/s. Reliance Innovators Pvt. Ltd., (1st O.P. absent)
3rd floor, Reliance Energy Centre,
Santhacruz (E) Mumbai, India.
2. The Manager, (2nd O.P. party-in-
M/s. Sunny Electrical, Layam person)
Shopping Complex,
Statue Junction,
Thripunithura.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant purchased a Big T.V. Satellite receiver set from the 2nd opposite party at a price of Rs. 2,190/- on 22-10-2008. The monthly subscription amount was Rs. 150/-. The set became defunct from 28-04-2012 onwards. That is no T.V. programmes being available from that date. Though the complainant registered a complaint on 29-04-2012 no steps were taken to rectify the defects. The complainant has been suffering from great hardships and mental agony due to non-availability of the TV programmes. The complainant is entitled to get refund of the price of the T.V. Satellite together with compensation of Rs. 2,000/- and costs of the proceedings. This complaint hence.
2. The version of the 2nd opposite party.
On 07-08-2008 the 1st opposite party delivered the gadget to the 2nd opposite party. The installation, maintenance and service of the gadget is being done by the distributor Care Well and the 1st opposite party. The Care Well is not a party to the proceedings. The complainant has not lodged a complaint with the 2nd opposite party. One year warranty alone was granted by the 1st opposite party. The 2nd opposite party is not liable on account of the reliefs claimed by the complainant.
3. The 1st opposite party accepted notice of this complaint from this Forum they did not respond to the same for reasons of their own. No oral evidence was adduced by the parties. Ext. A1 and B1 were marked on the parts of the complainant and the 2nd opposite party respectively. Heard the complainant and the 2nd opposite party who appeared in person.
4. The points that arose for consideration are as follows:
i. Whether the complainant is entitled to get refund of the price of the gadget from the opposite parties?
ii. Whether the opposite parties are liable to pay compensation
of Rs. 2,000/- and costs of the proceeding to the
complainant?
5. Ext. A1 cash invoice dated 22-10-2008 goes to show that the complainant purchased the Big T.V. satellite receiver set from the 2nd opposite party at a price of Rs. 2,190/-. It is not in dispute that the 1st opposite party is the manufacturer of the same. According to the complainant the T.V. satellite worked at his residence without any fault till 28-04-2012. The complainant maintains that in spite of repeated requests the opposite parties failed to rectify the defects of the same and he is entitled to get refund of the price of the set together with compensation and costs of the proceedings. The 2nd opposite party contents that they have purchased the disputed gadget from care well the distributor of the 1st opposite party and they have no liability either to replace the same or to refund the price.
6. We are not to agree with the contentions of the 2nd opposite party since they have supplied the TV Satellite in question to the complainant. Being a dealer of the 1st opposite party they are also liable along with the 1st opposite party in this case to provide adequate service to the customer, the complainant, in which they failed. It is to be noted that neither of the parties did produce the warranty details of the machine in this Forum. According to the 2nd opposite party one year warranty has been provided by the 1st opposite party manufacturer. Since the complainant and the 2nd opposite party failed to produce the warranty conditions we are not necessarily to direct the opposite parties to replace the product or to refund its price after the use of the same for more than 4 years. The complainant contents that time and again he had approached the opposite parties to get the gadget repaired, however the complainant is not substantiated the same. However substantially the complainant is a consumer is entitled to get the defects of the TV satellite rectified by the opposite parties. The absence of the 1st opposite party in this Forum speaks volumes. The silence of the 1st opposite party on the issue goes to show their admittance of the same. Being a dealer the 2nd opposite party is also responsible and answerable necessarily for the inconveniences caused to the complainant due to the deficiency in service on their part.
7. Point No. ii. It is only natural that litigation something which a forum like ours has to confront and consider but it is unfortunate that unnecessarily things have got to be gone into for which of course nobody can namely be blamed since the same is for if not wits for virtue. So we have no hesitation to award a compensation of Rs. 1,000/- and costs of the proceedings of Rs. 1,000/- to the complainant.
8. In the result, we partly allow the complaint and direct as follows:
i. The opposite parties shall jointly and severally rectify the
defects of the impugned gadget. If the same is not in a
repairable condition the opposite parties shall jointly and
severally replace the same with a new one. The complainant
shall return the defective gadget to the opposite party
simultaneously to be taken by the opposite parties at their
cost.
ii. The opposite parties shall jointly and severally pay a sum of
Rs. 1,000/- each towards compensation and costs of the
proceedings.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order, failing which the above amounts shall carry interest at the rate of 12% p.a. till realization.
Pronounced in the open Forum on this the 27th day of September 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of bill dt. 22-10-2008
Opposite party’s Exhibits : :
Ext. B1 : Copy of invoice-cum-delivery
chellan.
